Common use of Payment of Principal, Interest and Additional Amounts Clause in Contracts

Payment of Principal, Interest and Additional Amounts. The Company covenants and agrees for the benefit of the Holders that it will duly and punctually pay the principal of and interest on the Senior Notes in accordance with the terms of the Senior Notes and this Supplemental Indenture. All payments of or in respect of principal and interest on the Senior Notes shall be made without withholding or deduction for, or on account of, any present or future taxes, duties, assessments or governmental charges of whatever nature imposed or levied by or on behalf of Singapore or any authority of or in Singapore having authority to tax unless these taxes, duties, assessments or governmental charges are required to be withheld or deducted. In the event of such withholding or deduction, the Company agrees to pay by way of additional interest such additional amounts of, or in respect of, principal, and interest as will result (after deduction of such taxes, duties, assessments or governmental charges and any additional taxes, duties, assessments or governmental charges of Singapore) in the payment to each Holder of a Senior Note of the amounts that would have been payable in respect of such Senior Note had no withholding or deduction been required, except that no Additional Amounts shall be payable for or on account of: (i) any tax, duty, assessment or other governmental charge that would not have been imposed but for the fact that such Hxxxxx: (A) was for Singapore tax purposes treated as a resident of Singapore or who is otherwise subject to such taxes, duties, assessments or governmental charges by reason of being connected with Singapore other than through the mere ownership of, or receipt of payment under, such Senior Note; or (B) presented such Senior Note more than 30 calendar days after the date on which the payment in respect of such Senior Note first became due and payable or provided for, whichever is later, except to the extent that the Holder would have been entitled to such Additional Amounts if it had presented such Senior Note for payment on any day within such period of 30 calendar days; (ii) any estate, inheritance, gift, sale, transfer, personal property or similar tax, assessment or other governmental charge; (iii) any tax, duty, assessment or other governmental charge which is payable otherwise than by deduction or withholding from the payment of principal of or interest on the Senior Notes; (iv) any tax, duty, assessment or other governmental charge that is imposed or withheld by reason of the failure to comply by the Holder or the beneficial owner of a Senior Note with a reasonable request by the Company addressed to the Holder (A) to provide information concerning the nationality, residence or identity of the Holder or such beneficial owner or (B) to make any declaration or other similar claim or satisfy any reasonable information or reporting requirement, which, in the case of (A) or (B), is required or imposed by a statute, treaty, regulation or administrative practice of Singapore as a precondition to exemption from all or part of such tax, duty, assessment or other governmental charge; or (v) any combination of the items listed above; nor shall Additional Amounts be paid with respect to any payment of the principal of or interest on any Senior Note to any Holder who is a fiduciary or partnership or other than the sole beneficial owner of the payment if the beneficial owner would not otherwise have been entitled to the Additional Amounts. Any reference herein to the payment of the principal of or interest on any Senior Note shall be deemed to include the payment of Additional Amounts provided for in this Supplemental Indenture to the extent that, in such context, Additional Amounts are, were or would be payable under this Supplemental Indenture.

Payment of Principal, Interest and Additional Amounts. The Company covenants and agrees for the benefit of the Holders that it will duly and punctually pay the principal of and premium and interest on the Senior Convertible Notes in accordance with the terms of the Senior Convertible Notes and this Supplemental Indenture. All payments of of, or in respect of, principal of principal and premium and interest on the Senior Convertible Notes shall be made without withholding or deduction for, or on account of, any present or future taxes, duties, assessments or governmental charges of whatever nature imposed or levied by or on behalf of Singapore or any authority of thereof or in Singapore therein having authority power to tax unless these taxes, duties, assessments or governmental charges are required to be withheld or deducted. In the event of such withholding or deductionthat event, the Company agrees to pay by way of additional interest such additional amounts of, or in respect of, principal, premium and interest as will result (after deduction of such taxes, duties, assessments or governmental charges and any additional taxes, duties, assessments or governmental charges of Singapore) in the payment to each Holder of a Senior Convertible Note of the amounts that would have been payable in respect of such Senior Note Convertible Notes had no withholding or deduction been required, except that no Additional Amounts shall be payable for or on account of: (i) any tax, duty, assessment or other governmental charge that would not have been imposed but for the fact that such Hxxxxx: (A) was for Singapore tax purposes treated as a resident of Singapore or who is otherwise subject to such taxes, duties, assessments or governmental charges by reason of his being connected with Singapore other than through the mere ownership of, or receipt of payment under, such Senior Convertible Note; or (B) presented such Senior Convertible Note more than 30 calendar days after the date on which the payment in respect of such Senior Convertible Note first became due and payable or provided for, whichever is later, except to the extent that the Holder would have been entitled to such Additional Amounts if it had presented such Senior Convertible Note for payment on any day within such period of 30 calendar days; (ii) any estate, inheritance, gift, sale, transfer, personal property or similar tax, assessment or other governmental charge; (iii) any tax, duty, assessment or other governmental charge which is payable otherwise than by deduction or withholding from the payment of principal of or premium or interest on the Senior Convertible Notes; (iv) any tax, duty, assessment or other governmental charge that is imposed or withheld by reason of the failure to comply by the Holder or the beneficial owner of a Senior Convertible Note with a reasonable request by the Company addressed to the Holder (A) to provide information concerning the nationality, residence or identity of the Holder or such beneficial owner or (B) to make any declaration or other similar claim or satisfy any reasonable information or reporting requirement, which, in the case of (A) or (B), is required or imposed by a statute, treaty, regulation or administrative practice of Singapore the taxing jurisdiction as a precondition to exemption from all or part of such tax, duty, assessment or other governmental charge; or (v) any combination of the items listed above; nor shall Additional Amounts be paid with respect to any payment of the principal of or premium or interest on any Senior Convertible Note to any Holder who is a fiduciary or partnership or other than the sole beneficial owner of the payment to the extent that payment would be required by the laws of Singapore to be included in income for tax purposes of the fiduciary if the beneficial owner would not otherwise have been entitled to the Additional Amounts. Any reference herein to the payment of the principal of or interest on any Senior Convertible Note shall be deemed to include the payment of Additional Amounts provided for in this Supplemental Indenture to the extent that, in such context, Additional Amounts are, were or would be payable under this Supplemental Indenture.